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The Mercury Production Report Website Terms of Use
(For Subscriber TERMS OF USE/LICENSING AGREEMENT, click "SUBSCRIBE" ABOVE)
Please read the following Terms of Use carefully. By using this
Website, you acknowledge that you have read the following Terms
of Use and agree to be bound by them as may be amended by THE MERCURY PRODUCTION REPORT,
from time to time, and posted on this Website. If you do not agree
to these Terms of Use do not use the Website.
Use Of Information And Materials
The information and materials contained in these pages, and the
terms, conditions, and descriptions that appear, are subject to
change. Unauthorized use of THE MERCURY PRODUCTION REPORT’s websites and systems including
but not limited to unauthorized entry into THE MERCURY PRODUCTION REPORT’s systems, misuse
of any passwords, user ID, e-mail address or misuse of any information
posted on a site is strictly prohibited. Not all merchandise/products
and services are available in all geographic areas. Your eligibility
for particular merchandise/products and services is subject to
final determination by THE MERCURY PRODUCTION REPORT.
Links and Third Party Product and Service Providers
This Website may contain offers for merchandise/products and or
services from affiliated and unaffiliated third parties. Such
merchandise/products and services may be obtained only by linking
to the merchant’s Website in order to make the transaction. Terms
of the offer shown on this Website, including, but not limited
to, price, color, quantity, availability, and description may
vary from those shown on the merchant's Website. Differences in
the terms of an offer between this Website and a merchant's site
will be governed by the terms shown on the merchant's site. THE MERCURY PRODUCTION REPORT
is not responsible or liable for any such differences or discrepancies.
THE MERCURY PRODUCTION REPORT HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS,
PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY
SITES LINKED TO THIS WEBSITE. BY CREATING A LINK TO A THIRD PARTY
WEBSITE, THE MERCURY PRODUCTION REPORT DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES
OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS THE MERCURY PRODUCTION REPORT
LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED
AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT
FROM THAT OF THE MERCURY PRODUCTION REPORT AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS
SECURITY THAN THE THE MERCURY PRODUCTION REPORT WEBSITE.
Errors
This Website could include technical inaccuracies or typographical
errors.
Potential Disruption of Service
Access to this Website may from time to time be unavailable.
No Warranty.
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING
TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS"
and "AS AVAILABLE". THE MERCURY PRODUCTION REPORT DOES NOT WARRANT THE ACCURACY,
ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND
EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS
INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED
OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION
WITH THE INFORMATION AND MATERIALS.
Limitation Of Liability
IN NO EVENT WILL THE MERCURY PRODUCTION REPORT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE
OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY,
OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE MERCURY PRODUCTION REPORT, OR REPRESENTATIVES
THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES
OR EXPENSES. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD THE MERCURY PRODUCTION REPORT
HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING
ATTORNEY'S FEES RELATED TO A USER'S VIOLATION OF THESE TERMS OF
USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS
WEBSITE.
Information Provided By You
All information submitted to THE MERCURY PRODUCTION REPORT via this
site shall be deemed and remain the property of THE MERCURY PRODUCTION
REPORT and THE MERCURY PRODUCTION REPORT shall be free to use, for any
purpose, any idea, concepts, know-how or techniques contained in
information a visitor to this site provides THE MERCURY PRODUCTION
REPORT through this Website. THE MERCURY PRODUCTION REPORT shall not be
subject to any obligations of confidentiality regarding submitted
information except as specifically agreed by THE MERCURY PRODUCTION
REPORT or as otherwise specifically agreed or required by law. Nothing
contained herein shall be construed as limiting or reducing THE MERCURY
PRODUCTION REPORT's responsibilities and obligations to customers in
accordance with the THE MERCURY PRODUCTION REPORT Privacy Policy
Statement. THE MERCURY PRODUCTION REPORT may use any information
submitted on this Website to contact you about your account, including
the use of any e-mail address submitted for purposes of corresponding
with you about your account and such correspondence may contain the
status of your account.
Availability
This site is not intended for distribution to, or use by, any
person or entity in any jurisdiction or country where such distribution
or use would be contrary to local law or regulation.
Additional Terms
Certain sections or pages on this site may contain separate terms
and conditions, which are in addition to these terms and conditions.
In the event of a conflict, the additional terms and conditions
will govern for those sections or pages.
General
These Terms of Use will be governed by and construed in accordance
with the laws of the United States of America and the State of
California without regard to conflict of law principles, and users
agree that all legal proceedings related to the matters herein
shall be adjudicated solely in the courts of Los Angeles County,
California, United States of America. Users consent to extraterritorial
service of process and submit to the jurisdiction of said courts.
To the extent any portion of these Terms of Use shall be determined
to be unenforceable by a court of competent jurisdiction, such
portion will be modified by the court solely to the extent necessary
to cause such portion to be enforceable, and these Terms of Use
as so modified will remain in full force and effect. Any waiver
of any provisions contained in these Terms of Use by THE MERCURY PRODUCTION REPORT shall
not be deemed to be a waiver of any other right, term, or provision
of these Terms of Use.
These Terms of Use were last updated March 20, 2009.
Please check back periodically for updates and changes.
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